by Denise Irwin
“You’re kidding, right?”
“Nope, right there in front of the jurors, he admitted he made it himself, and was clear that he was damn proud of the job he’d done.”
Farlow sat at the prosecutor’s table. Smyth would want to address the jurors before he questioned the Agent.
“Yesterday, you heard testimony from the victim and the defendant in this case. What you were subjected to hearing was horrible to say the least. This morning will hopefully, not be nearly as graphic in nature. As I explained yesterday, we’ll focus on the technical aspects of the case today. I’ll ask each of today’s witnesses questions that I believe are pertinent to the case, and then I will turn questioning over to you, the members of the jury.”
Smyth knew Marksman and Farlow would do their job well without a fanfare of drama. He couldn’t speak as to Schuman. While the jury had no knowledge of the current investigation against Schuman, he expected that Schuman would feel compelled to explain to them why he failed to protect one of his agents. That was fine with Smyth. He had failed to protect one of his agents, and the Director would only help the current case by running wild with his own story. The prosecutor intended to allow Schuman to hang himself in front of a Grand Jury.
While waiting in the hall, Shuman approached Sam again and tried to engage him in conversation. “Sam, I need to talk to you.”
“No you don’t, if you try to speak with me again, I will notify the Marshal’s Deputies that you need a quiet room to wait in.”
Sam walked away from the Director and sat on a bench far enough away from Schuman in the hope that Schuman understood that Sam was not going to engage in conversation with him.
Smyth started questioning, FBI Agent Brett Farlow. “Agent Farlow, who asked that you fingerprint the defendant, Bruce Grossman?”
“Investigator Marksman did.”
“Please explain to me why a private investigator requested fingerprints? I was under the assumption that fingerprints were taken from, let’s call them suspects, by the police and not private investigators.”
“Law enforcement agents take fingerprints once the perpetrator is charged. At the time, that Investigator Marksman requested the prints; neither the local police nor the Bureau had charged Grossman for a criminal act. He was, let’s say a person of interest.”
Smyth asked, “Are you saying that a private investigator could request fingerprints for a suspect while law enforcement officials could not?”
“That’s correct. There’s a point I need to make.” Smyth nodded for Farlow to make his point. “Investigator Marksman was investigating the disappearance of an FBI Agent, namely, Cassandra Henson. As a part of his investigation, he has the liberty to request prints to aid his investigation. At the time that Investigator requested the prints, law enforcement officials were in the process of obtaining search warrants for the defendant’s residence. At that point any prints found are analyzed and entered into evidence.”
Smyth faced the jury to see the jurors’ reaction to his next question. “Agent Farlow, if I’m hearing you correctly, a non-law enforcement person can request fingerprints when a law enforcement agent cannot?”
“We are bound by different policies. However, it’s important that an investigator be required to present reasonable cause for his request. In this case, Grossman’s claim of being an FBI agent was under question. As I stated earlier, at the time of Investigator Marksman’s request, we were obtaining search warrants.”
Smyth saw that the jurors were nodding their heads as if they also agreed with that thought.
“Agent Farlow, may I ask who analyzed those fingerprints?”
Farlow had to chuckle, “The fingerprints were matched to a set of prints previously submitted, in the Bureau’s lab.”
“Agent Farlow, are you saying that the prints that could not be collected by an FBI agent were matched using the Bureau’s lab?”
“Yes. A number of agencies including government and private sectors submit prints to the FBI’s lab.”
“What constitutes a private sector?”
“The private sector includes businesses. There are a number of companies who request background checks on a prospective employment candidate.”
When Smyth looked at the jurors, their faces indicated that they were not aware that a prospective employer could request background checks.
Smyth needed the jurors to focus on this case and not let their minds wander to their own job security. “Agent Farlow, to the best of your knowledge do all employers request background checks?”
“To be honest Counselor, I don’t know the answer to that question since I’m not assigned to the lab; however I believe is safe to assume that certain jobs such as being a school teacher, or someone in the banking industry would request background checks on a potential employee. I know that it’s now a requirement in most educational systems. A number of educational institutions run background checks before considering interviewing candidates. The Defense Department contracts with a number of private services, so background checks are run on their prospective employees.”
Smyth thought he might have heard sighs of relief from the jurors. Now that they knew their jobs weren’t at risk, they’d be able to focus again on this case.
“Returning to the subject of Mr. Grossman’s prints; is it safe to assume that his print match verified that he was an agent with the Federal Bureau of Investigation?”
“To the contrary, Mr. Grossman’s fingerprints resulted in our procuring his rap sheet, which listed arrests and convictions of felonious crimes for which he served prison sentences. Counselor, do you need a copy of his rap sheet?”
“No, thank you, I presented his rap sheet as evidence to the jury yesterday.”
Smyth turned to Farlow, “Thank you Agent. Members of the jury, does anyone have questions for Agent Farlow?”
Juror Sixteen raised her hand. “Agent Farlow, if the defendant had a felonious history that included prison terms how, is it that he was assigned to this case?”
“I wish I could answer that question. The New Jersey office was not involved in nor did it have any knowledge of, the undercover money laundering investigation in Atlantic City.”
“Thank you Agent Farlow.”
Smyth saw the confused look on her face, so he asked Farlow another question, “Agent Farlow, are there investigations in let’s say here in New Jersey, by agents from other offices, that you are not made aware of?”
“Yes there are. In this case, Agent Henson was in New Jersey away from her home office investigating money laundering. To keep her undercover identity secure, we might not know about the investigation until we receive a call to make the arrest. Typically, the undercover agent never makes the arrest. There are some rare cases where we arrest the agent along with the suspect, so that the agent’s cover isn’t blown.”
“Agent Farlow, do agents put their lives on the line for these undercover investigations?”
“Yes they do, Mr. Smyth. Every day that they’re in the field they are at an extreme risk for someone blowing their cover.”
Smyth turned to the jurors, “Any other questions?” He waited for a moment and when no one held up a hand, he stated, “Let’s take a short break.” He looked at the clock. “It’s now 10:15, if everyone can be back in the room by 10:30, I’ll bring in the next witness.”
Smyth found Detective Bradley talking with Marksman in the hall. “Bradley, you’re up next. The jury’s taking a fifteen-minute break, so if you want a cup of coffee we have a few minutes.”
“Thanks Phil, but I’ve already had several cups this morning. How does the jury feel to you?”
“So far, they’re very attentive which is good. They’re asking good questions. If you’re ready, we’ll head in. Grossman testified yesterday that he made the bomb, so I think we’ll concentrate on the bomb itself. I'll ask questions like, if the bomb detonated, would it take out the house. Did you think it looked like a homemade bomb or was it sophisticated? I’ll
just stay with the technical aspects.”
The jurors had assembled in the jury room, so Smyth smiled at them, “That was a quick break.”
Juror Sixteen said, “I think this hearing is like reading a mystery novel that you can’t put down until you know ‘who done it’.”
The jurors laughed and nodded in agreement with Juror Sixteen.
“Okay then, let me introduce you to the next chapter, this is Detective Marshal Bradley of the Bomb Squad. His team deactivated the laser beam device and then went on to deactivate the bomb. I’m going to put the photos I showed you earlier on the monitor as I ask Detective Bradley questions.”
“Detective Bradley can you tell us who located the bomb?”
“Investigator Marksman found it.
“Did Investigator Marksman disarm the laser device?”
“No, he suited up long enough to show my team where the laser device was, and then we took over.”
“Was the bomb sophisticated, or something that could be put together by anyone?”
“I’ve seen more sophisticated bombs, but this homemade thing would get the job done if he wanted to blow up the house. It certainly was not large enough to take out the entire block of houses.”
Smyth turned to the jurors, “Any questions for Detective Bradley?”
Juror Eight raised his hand, “Detective Bradley, since the bomb was smaller, do you think he intended to blow up his house and kill Agent Henson in the explosion?”
“I don’t know the answer to that question. My team did not question him.”
“Thank you Detective.”
There were no more questions for the Detective, so Smyth told the jurors, “I’ll be right back. I’m going to bring in Investigator Marksman.” Smyth walked with Bradley to the hall, where Sam was waiting to testify.
Bradley left the jury room with Smyth, “How’d I do?”
“You did just fine.”
Smyth found Sam standing outside on the courthouse steps talking on his phone. Smyth started to turn away when Sam waved to him.
After Sam disconnected the call, he asked Smyth, “How’d Farlow and Bradley do?”
“They always testify well. You’re up next. Before we go in, I’m going to ask you about entering Grossman’s house. One of the jurors needs a plausible explanation.”
“That’s not a problem.”
“I didn’t think it would be.”
The jurors were sitting in their chairs when Smyth and Marksman entered the jury room.
“Ladies and gentlemen, our next witness is Private Investigator Samuel Marksman. I’ll ask him some questions, and then turn the questioning over to you.”
Smyth needed to set the scene. Sam may have entered the house without a warrant, but there are extreme cases such as saving a person’s life that would negate the thought of a house invasion. This was one of those cases, but he’d had several questions from jurors regarding Sam’s entering the house.
“Investigator Marksman, were you working with the Federal Bureau of Investigation investigating suspected money laundering in a local Atlantic City casino?”
“No sir, I was not involved in the investigation.”
Smyth turned to the jury and showed them his concern with what Sam had just said. Smyth rested his hands on the jury box rail and looked down at his hands pursing his lips.
As Sam waited for the next question, he thought to himself, this guy’s good.
“Investigator Marksman, if you were not a part of the investigation can you explain, to the jury and me, why you entered Grossman’s place of residence without his permission? Hold that thought, before you answer that question;” Smyth held his hand up to the jury, so he’d have their attention focused on Sam’s response, “am I correct that you live in Fells Point, Maryland?”
“Yes sir, that’s correct.”
“Then can you explain first to the jury and me, how and why you ended up in Atlantic City?”
“Yes sir, I can. I received a phone call from Glen Englar indicating that Agent Henson had not reported to work. Apparently she gave him my phone number as a contact in case something went wrong.”
“Investigator, may I ask who Glen Englar is?”
“I’m sorry. I should have explained that clearer. Glen Englar owns the casino Agent Henson was working undercover in.”
“Investigator, are you and Agent Henson involved on, let’s say a more intimate level?”
Sam chuckled, “I worked with Agent Henson on a money laundering case in Las Vegas last spring. We lived together for several months as a married couple but, no, we were never intimate.”
Smyth wanted the jury to learn that Marksman postponed his wedding to rescue Henson. “Did you have any knowledge that Agent Henson was in New Jersey?”
“No, I did not.”
“If you didn’t know she was in New Jersey, did you say someone called you?”
“Yes, as I said earlier, Glen Englar called me Saturday, October 6, about mid-day. Apparently, Cassie blew her cover during her job interview, and gave him my number. She asked him to call me if she didn’t show up for work.”
“Did you drop everything you were doing because Agent Henson hadn’t reported for work?”
“Yes sir, I did.” Sam realized where Smyth wanted him to go. “My fiancée and I were cleaning our boat. We were to marry that Sunday afternoon on the boat. My fiancée drove with me to New Jersey and called our guests from her cell phone advising them that the wedding was postponed.”
Smyth watched as the jury absorbed that information. The female jurors looked close to crying while the men appeared impressed that Sam had put aside his personal life to rescue an FBI agent.
“If, I understand you correctly, you and your fiancée postponed your wedding based on a phone call?”
“That is absolutely correct. Cassie would never blow her cover. She’s a first rate agent. If she asked someone to call me, it meant she was in danger and didn’t trust anyone involved with the case.”
Smyth looked at the jurors when he said, “Sounds to me as though the two of you had a tight bond.”
“Yes sir, we did. If I was the one in trouble, there’s no doubt in my mind that she’d drop everything she was doing to come for me.”
“Investigator Marksman, did you know Grossman’s house address?”
“No sir, I did not.”
“If you didn’t have Grossman’s house address, can you explain how you invaded his home?”
Sam chuckled, “I drove to the casino and the owner drove me to the house.”
“Why did you chuckle at the question?”
“Home invasion never entered my mind. In my mind, I was investigating a missing FBI Agent. Englar knew the way to Grossman’s house, so he drove. Cassie was apparently working undercover in his casino.”
“When you arrived at Grossman’s house, is that when you broke into the house.”
“Mr. Smyth, there were two cars in the driveway. One was a standard issue, four-door sedan, supplied by the Bureau; the other was a used economy car. I think it may have been a Toyota. I knew Agent Henson well enough to know she’d want her own car. Using an infrared camera, I saw the laser beams around the house. We drove around the block and spotted Grossman leaving in the sedan. I weighed the risk and broke the beams setting off alarms. After a quick sweep of the house, I kicked the cellar door in and found Agent Henson. If that constitutes breaking into Grossman’s house, then yes, I broke into his home.”
The faces of the jurors were stark, which in Smyth’s mind meant Sam had just hit a home run.
“Is there anyone who would like to pose a question to Investigator Marksman?”
Juror Six raised her hand. “I don’t have a question, but I feel compelled to say, you placed your life at risk to rescue Agent Henson. That’s an admirable act on your part.”
Sam smiled, “Thank you for that compliment, but I need to say, any law enforcement officer would have done the same.”
Smyth asked if anyo
ne else wanted to ask the witness a question. No one raised a hand, so Smyth told the jury, “I think it’s time to break for lunch. We’ll reconvene at 1:30 with the last witness.”
Smyth followed Sam out of the courthouse, “Sam, hold on a sec.” Sam stopped and waited for him.
“Sam, I just wanted to tell you that you did a great job. I’m sure if Cassie had heard the testimony, she’d be very proud of you. She asked one of the deputies how you were doing. With your permission, I’d like to tell her you’re fine.”
“Please, tell her that I’m fine. Tell her I miss her. Do you need me to stick around this afternoon?”
“Nope, after Shuman, we’re done.”
“Man do I wish I could be in the jury room to hear his excuses for putting his agent’s life at risk.”
“I’m interested in hearing his testimony myself. Have a good afternoon.”
Sam stopped for lunch in the pub he’d found Smyth in. He ordered a beer and a burger. He then called his wife. Leona answered the phone, “Leona Parker, how may I help you?”
“Did you just answer the phone as Leona Parker?”
“Shit, Sam, I sure did. I’ve got to get myself used to saying Leona Marksman. How’s it going?”
“I gave my testimony today, so I’m done for the federal case. Since you answered your office phone, I take it you have a job?”
Leona chortled, “I don’t know. I’ve been doing Shelly’s work. I was so bored yesterday once I’d finished what Shelly gave me I played Solitaire on the computer all afternoon.”
“Do you think you should ask someone about your job?”
“Yes, I do. I made an appointment with one of the managing partners yesterday. It appears he’s quite busy, so my appointment isn’t until tomorrow at 2:00 in the afternoon.”
“Working while I’m here isn’t a bad idea.”
“What I’m doing doesn’t constitute working for me.”
“Mrs. Marksman, just remember you’re on their clock.”